Ordinances

2014 Kensington Zoning Ordinance
2014 Land Use Regulations
2014 Land Use Subdivision
2014 Land Use Site Plan Review
2014 Land Use Safety and Welfare


OPEN AIR ASSEMBLY ORDINANCE 

"No person shall own or operate a place of assembly for an open-air dance in excess of one hundred or more persons within the Town of Kensington, unless licensed to do so by the Select­men.  Owner or Operator shall apply to Selectmen for a permit, at least seven days before the time, of assembly.  Such permit shall be issued without charge for the duration of assembly and shall be revocable for cause.  Town Police protection must be provided and services paid by Owner or Operator.  Toilet facilities must be provided; suitable fire protection shall be designated; adequate parking facilities provided; music, noise and anything, which might cause a disturbance to neighbors, must be kept to a minimum.  Whoever violates any of the provisions of this act shall be fined not less than $10.00 or more than $100.00.”  

Adopted At Town Meeting, March 1978 


FIREWORKS ORDINANCE

 "The Town of Kensington Prohibits the sale, purchase or use of all fireworks in the Town, except for professional operators with a Class B license from the state, and evidence of liability insurance coverage satisfactory to the Board of Selectmen.”

Selectmen's Ordinance - Passed On Monday, May 16, 1988


NOISE ORDINANCE 

No person, group, firm or corporation shall, between the hours of 10:00 p.m. and 7:00 a.m., make or cause to make any noise that will create a public nuisance.  Public works and public safety equipment required for effective delivery of public services shall be exempt from the provisions of this section.  The term “Unnecessary Noise” shall be defined for all practical purposes as such:  Any unreasonable volume of sound, which may be heard in continuance from the immediate or surrounding area with no indication of relief. 

Upon involvement of the Kensington Police Department, the responding police officer will have reserved the right to use (his or her) discretion and define the word unreasonable.  Upon (his or her) assessment, a verbal and or written warning may be issued to remedy the complaint.  Failure to comply with the police officers reasonable alternatives will constitute a violation. 

Validity - If any section or part of a section or paragraph of this Article is declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect any other section or sections, or part of a section or paragraph of this article. 

Adopted At Town Meeting, March 1988 


REGULATING USE OF THE TOWN PARK 

1.      AUTHORITY – In accordance with the authority granted by Chapter 31:39 and any other applicable Chapter or Amendment thereto of the NH Revised Statutes Annotated, the following Ordinance is hereby adopted by the Town of Kensington to regulate the care, protection, preservation and use of the Town Park. 

2.      RULES AND REGULATIONS:

  1. Alcoholic beverages will be permitted only after securing a permit from the Board of Selectmen. (updated March 2010)
  2. Sleeping during the nighttime hours is not permitted except by Town groups with permission from the Selectmen.
  3. The Park is closed to vehicles from dusk to dawn.
  4. Fires are permitted after securing a permit from the Town Forest Fire Warden or his authorized deputies.
  5. All waste and trash must be cleaned up and removed by owner(s).
  6. No mini bikes, motorcycles or summer recreational vehicles are permitted beyond the parking lot. 

3.      PENALTY:  Any person(s) violating any of the provisions of this Ordinance shall be liable to a penalty of not more than $100.00 for each offence. 

4.      VALIDITY:  If any section or part of a section or paragraph of this Ordinance is declared invalid, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of this other section or sections or part of a section or paragraph of this Ordinance.  

Adopted At Town Meeting, March 1980 


PARKING ORDINANCE 

Pursuant to the authority conferred under the provisions of RSA 41:11 and RSA 47:17, the Board of Selectmen of the Town of Kensington enact the following Ordinance regulating the use of streets in order to control traffic congestion and protect the health, safety and well being of the public. This Ordinance regulates the parking, standing and stopping of motor vehicles within the Town of Kensington limits.

1. The Town of Kensington this 2nd day of June 2008 held a meeting of the Board of Selectmen and unanimously adopted the following Ordinance.

2. It shall be unlawful for any person having the custody or control of any motor vehicle, to park, stand or stop, or cause such vehicle to do same on any public way in the Town of Kensington where signs have been posted restricting such activity.

It shall also be unlawful for any person having the custody or control of any motor vehicle to park or allow the motor vehicle to be parked at either of the Town parks on Trundlebed Lane in the Town of Kensington from 10:00pm to 6:00am. If a town sanctioned event is being held beyond 10:00pm, the time will be extended only to the end of that event. Permission to leave/park a motor vehicle overnight at either Town parking lot on Trundlebed Lane may be obtained from the Chief of Police or the ranking on-duty Police Officer.

3. Enforcement and Penalty. Enforcement action or prosecution may be initiated against the operator or the registered owner of any vehicle parked in violation of this Ordinance. The penalty for the violation of this Ordinance shall be a fine of Twenty-Five Dollars ($25.00) for each offense. Fines shall be payable within 7 calendar days at the Kensington Police Department. All fines collected under the provision of these regulations shall inure to the General Fund of the Town of Kensington.

The Chief of Police or any officer of the Kensington Police Department may cause any motor vehicle parked in violation of this Ordinance to be removed from the street, highway, or parking lot at the expense of the owner.

Adopted, June 2, 2008


REGULATING HEAVY HAULING OVER TOWN HIGHWAYS 

Pursuant to the authority conferred by New Hampshire Revised Statutes Annotated, Chapter 41, Section 11 and Chapter 47, Section 17, in order to promote the public health and safety and provide for the general welfare of the citizens of the Town of Kensington, the following Ordinance is hereby enacted: 

SECTION I:  PERFORMANCE BOND REQUIRED

From and after the effective date of this Ordinance, it shall be unlawful for any person, partnership or corporation to haul, transport or cause to be transported by vehicle with gross weight over the limits set forth in Table One, and material over Class Five (V) roads, and where they intersect with other highways without securing prior written permission to do so from the Board of Selectmen.  Such permission may be conditioned upon the filing with the Board of Selectmen a Performance Bond to secure the repair of said roads damaged as a result of such hauling and transportation operations in any amount and surety sufficient to cover the estimated costs of repair as determined by the Selectmen and the Road Agent.  Such bond shall be approved by the Town and conditioned upon the completion and guarantee of said repairs within a period specified by the Board of Selectmen. 

TABLE ONE:

TYPE OF VEHICLE                                                                                                 WEIGHT LIMIT (Tons)

            2 axle                                                                                                                           17

            3 axle                                                                                                                           30

            4 axles                                                                                                                         34

            5 + axles                                                                                                                      40

The above weight limits may be temporarily lowered to a level not below six (6) tons grow weight if the Board of Selectmen determine that seasonal conditions mandate such an action. 

SECTION II:  EXCEPTION

There shall be excepted from the load limits above prescribed, vehicles relating to agricultural uses and vehicles providing necessary periodic services and products to those persons who reside on the road, street or highway involved, but none of the above shall extend to permit through traffic by said vehicles; provided, however, that the Board of Selectmen may issue a Special Limited Permit upon prior written application for proposed use in excess of said load limit where the applicant can demonstrate a legitimate purpose, said Special Limited Permit to be on such terms and conditions as the Board deems necessary. 

SECTION III:  BOND FORM

            The performance Bond shall be in such form and upon such conditions and terms as shall be determined by the Board of Selectmen. 

SECTION IV: PENALTY

            Whoever shall fail to comply with the conditions of this Ordinance shall be guilty of a violation and subject to fine of Five Hundred Dollars ($500.00) plus restitution of costs for each such occurrence.  For the purposes of this Ordinance, each load hauled, transported or caused to be transported over said Town roads shall be deemed a separate occurrence. 

SECTION V:  VALIDATION

            If any portion or section of this Ordinance is declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other provision hereof. 

SECTION VI:  EFFECTIVE DATE

     This ordinance shall be effective upon its being adopted by the Board of Selectmen.   

Adopted December 1984


LITTERING ORDINANCE 

SECTION I

No person, shall put or place, or cause to be put or placed, in and upon any Town owned roadway or property any bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, old automobiles or parts thereof, or refuge of any nature, noxious thing or abandoned property. 

SECTION II

A.     Penalty â€“ Any person violating any of the provisions of this Ordinance shall be guilty of a violation and up conviction thereof shall be liable to a penalty of not more than Five Hundred dollars ($500.00) for each offense.

  1. First offense - $100.00
  2. Second offense - $250.00
  3. Third offense - $500.00

B.     Validity â€“ If any section or part of a section, or paragraph of this Article is declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect any other section or sections, or part of a section or paragraph of this ordinance.

Amended at Town Meeting March 2010  


FALSE ALARM ORDINANCE 

SECTION 1

A.     â€œFalse Alarm” means the activation of any alarm system as a result of mechanical failure, accidental activation, misoperation, malfunction, misuse or neglect, by or of the owner or lessee of an alarm system whether used for domestic, commercial or industrial purposes.  “False Alarm” shall not include alarms caused by earthquake, violent winds, malfunction of telephone line circuits, or external causes of a kind beyond the control of the owner or lessee of an alarm system.  Upon the evidence failing to establish an illegal intrusion or other legitimate need or cause for the activation of an alarm system, a conclusive presumption shall arise that the activation is a “false alarm”. 

B.     If an owner or lessee of an alarm system shall record more than three (3) false alarms in any period of 180 days, such owner or lessee shall be liable to a penalty of twenty-five dollars ($25.00). 

SECTION 2

A.     Validity – If any section or part of a section, or paragraph of this Ordinance is declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or sections, or part of a section or paragraph of this Ordinance.

Adopted at Town Meeting March 1985


WINTER PARKING BAN ORDINANCE 

Within the Town of Kensington, from November 15th to April 15th, it shall be unlawful for any person to cause or allow their motor vehicle to stop, stand, or park on any public street when such action prohibits or interferes with the operation of snow removal and clean up.  Any notification or attempt thereof to the owner or custodian from the office of Selectmen, their designee, or any police officer shall be sufficient notice for compliance.  Failure to comply with said notice may result in the removal and storage of any vehicle at owner’s expense. 

Validity - If any section or part of a section, or paragraph of this Article is declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect any other section or sections, or part of a section or paragraph of this ordinance.

Adopted at Town Meeting March 1993  


SNOW OBSTRUCTION ORDINANCE 

Within the Town of Kensington, it shall be unlawful for any person to put or place or cause to be put or placed any snow or ice up any town roadway including all right of ways thereof.  Town departments may be excluded from this requirement when in compliance with their official duties.  Violation of this section may result in a penalty not to exceed $500.00 and /or cost incurred in removing said obstruction. 

Validity - If any section or part of a section, or paragraph of this Article is declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect any other section or sections, or part of a section or paragraph of this ordinance.

Adopted at Town Meeting March 1993 


SNOW EMERGENCY ORDINANCE 

In the event of a predicted or ongoing severe winter snowstorm requiring enhanced actions maintaining snow plowing and/or removal as deemed necessary by the Kensington Board of Selectmen or their designee, a “Snow Emergency” shall be called by the Chief of Police.  The chief shall contact the news media, including local radio station to notify the public that a ban exists and shall specify a start of the snow emergency and shall estimate when same will be called off.  It shall be unlawful for any person having the custody and/or control of any vehicle to park or cause the same to be parked within the public right of way during a snow emergency.  Vehicles interfering with snowplowing and removal operations shall be towed and stored at owner’s expense.  

Validity - If any section or part of a section, or paragraph of this Article is declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect any other section or sections, or part of a section or paragraph of this ordinance.

Adopted at Town Meeting March 1993


DOG ORDINANCE 

An ordinance relative to the keeping of dogs is hereby proposed by the Dog Officer of said town of Kensington, N.H. as follows: 

1.      It shall be unlawful for the owner or keeper of a dog to permit a dog so owned or kept to run at large without being controlled by a leash, except up his own property or while hunting under the control of his owner or keeper. 

2.      The police shall impound all dogs on public property in violation of the above provision and upon a written or oral complaint of the owner of private property; the dog officer shall impound all dogs unlawfully on said private property. 

3.      The Dog Officer, upon impounding any dog, shall immediately make a formal complaint against the owner or keeper of the dog in the District Court. 

4.      Any person violating any of the provisions of this ordinance shall be subject to a fine not exceeding $25.00 for first offense; $50.00 for second offense; and $75.00 on third and subsequent offense. 

5.      This ordinance shall take effect upon its passage and all ordinances or parts of ordinances inconsistent therewith are hereby repealed. 

Adopted at Town Meeting March 1979
Adopted at Town Meeting March 2003 


ORDINANCE TO REGULATE VENDORS, HAWKERS, PEDDLERS, SOLICITORS AND OTHER ITINERANT VENDORS 

1.   No person, partnership, corporation or other entity (hereafter known as applicant) not having a permanent location in the Town of Kensington, and which is operating from a temporary or seasonal location (including door to door) shall sell, solicit, barter, purchase or otherwise carryon commerce in goods or services within the Town of Kensington without first receiving a permit to do so from the Town of Kensington 

2.   This section shall not apply to homegrown fruits and vegetables that are harvested on resident properties and then sold on said properties.  All other so called "vegetable stands" are required to comply with this ordinance. 

3.   This section shall also apply to anyone requesting a road race, walkathon, use of a right of way, fireworks display, and the use of any town facility. 

4.   Persons subject to this ordinance shall apply to the Office of the Selectmen for a permit.  The application for permit shall include the following information:

  1. The name of the applicant or entity for whom the application is made;
  2. The permanent address of the applicant, and the entity, if different from the person making application;
  3. The local and permanent telephone number(s) of the applicant and/or entity;
  4. The nature of the goods or services involved, and the area or location to be canvassed, the vehicle to be used and the names of all solicitors;
  5. The method of solicitation to be used and copies of any proposed contracts, agreements, promotional materials, or other materials designed to be used in solicitation;
  6. Insurance coverage shall be provided as required on application. 

5.   The Selectmen shall send one copy of the application together with a copy of the attachments to the Chief of the Kensington Police Department. 

6.   The Board of Selectmen shall grant said permit at the next regularly scheduled meeting unless they determine that:

  1. The Administrative Assistant has previously issued said permit under the guidelines of this ordinance;
  2. The applicant has been convicted of actions involving consumer fraud, or;
  3. The applicant has outstanding charges for consumer charges lodged against him/her anywhere in the State of New Hampshire or elsewhere if determined.

7.   There shall be no fee for said permit. 

8.   If an applicant believes the permit to have been wrongly denied, an appeal of said decision may be made to the Board of Selectmen who shall hold a meeting on the issue and who shall grant or deny the permit.  The Selectmen shall hold said hearing within seven (7) business days of the request for same by the applicant. 

9.  Other Persons Covered:

This ordinance also covers Itinerant Purchasers of goods from persons, or organizations in the community, which are not normally in business or retail or wholesale trade.  This shall include persons seeking to purchase such items as gold, jewelry, antiques, junk, mobile home accessories and other items, which are not held out for sale in the normal course of business by the owners thereof.  This shall not be deemed to include real estate. 

10.   Complaints:

Upon receipt of any complaint concerning nuisance, hazard, annoyance or disorderly conduct concerning any section of this ordinance, any or all solicitors may be asked to stop solicitation by the Board of Selectmen or their designee and a petition to revoke the permit may be filed with the Board of Selectmen by any person pending a review hearing within seven (7) days. 

11.    Notification to Police:

Upon the issuance of a permit to any person, firm, corporation, religious group or church, the Selectmen shall notify the Police Department of the same. 

12.   Identification Required:

Any person, firm, corporation, charitable organization, religious group or church granted such a permit shall upon demand show suitable identification to any person demanding same and shall at each solicitation or inquiry identify the unit benefiting from the funds received. 

13.    Penalty:

Any person violating any section of this ordinance shall be guilty of a violation and subject to prosecution in the District Court.  Fines not to exceed $500.00 dollars.

Adopted by Selectmen on 5/19/97